Re: For Indian citizens ,how does the IT Act 2000 articulate protection of personal data and consent sought while accessing data of Indian individuals

Re: For Indian citizens ,how does the IT Act 2000 articulate protection of personal data and consent sought while accessing data of Indian individuals

April 24, 2018
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The IT Act underwent changes as Internet technology grew. In 2008, additions expanded the definition of “communication device” to include mobile devices and placed owners of given IP addresses responsible for distributed and accessed content.

Privacy was addressed in 2011 when stringent requirements for collecting personal information came into effect.

Section 72A in The Information Technology Act, 2000

90 [ 72A Punishment for disclosure of information in breach of lawful contract. -Save as otherwise provided in this Act or any other law for the time being in force, any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, such material to any other person, shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to five lakh rupees, or with both.]

The following important sections have been substituted and inserted by the IT Amendment Act, 2008:

Section 43A – Compensation for failure to protect data.Section 66 – Computer Related OffencesSection 66A – Punishment for sending offensive messages through communication service, etc.Section 66B – Punishment for dishonestly receiving stolen computer resource or communication device.Section 66C – Punishment for identity theftSection 66D – Punishment for cheating by personation by using computer resourceSection 66E – Punishment for violation for privacySection 66F – Punishment for cyber terrorismSection 67 – Punishment for publishing or transmitting obscene material in electronic formSection 67A – Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic formSection 67B – Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic formSection 67C – Preservation and Retention of information by intermediariesSection 69 – Powers to issue directions for interception or monitoring or decryption of any information through any computer resourceSection 69A – Power to issue directions for blocking for public access of any information through any computer resourceSection 69B – Power to authorize to monitor and collect traffic data or information through any computer resource for cyber securitySection 72A – Punishment for Disclosure of information in breach of lawful contractSection 79 – Exemption from liability of intermediary in certain casesSection 84A –Modes or methods for encryptionSection 84B –Punishment for abetment of offencesSection 84C –Punishment for attempt to commit offences